Agenda and minutes

Planning & Development Committee
Thursday, 23rd January, 2014 1.00 pm

Venue: Town Hall, Scarborough

Contact: Christine Armitage, Committee Assistant 

Items
No. Item

1.

Declarations of Interests pdf icon PDF 21 KB

Members are reminded of the need to consider whether they have a personal or prejudicial interest to declare in any of the items on this agenda.  If so, the nature of the interest must be declared at the start or as soon as the interest becomes apparent, of the meeting.  In addition, the attached form must be completed and passed to the Committee Administrator.  The Officers will be pleased to advise, if necessary, and any request for assistance should be made, in the first instance, to the Committee Administrator whose name appears at the end of this agenda.  Ideally, such advice should be sought before the day of the meeting so that time is available to consider any uncertainty that might arise.

Minutes:

Councillor Mrs Clegg declared a personal and prejudicial interest in agenda item 7, Whitby Conservation Area Character Appraisal, Management Proposals and Boundary Review - Results of Consultations, since she was the owner of 9 Sandgate, Whitby which had a pantile roof, and she rented a space in Tin Ghaut Car Park from the Council.

 

2.

Minutes pdf icon PDF 110 KB

To approve as a correct record and sign the Minutes of the meeting held on 12 December 2013 and the Minutes of a Special Meeting held on 8 January 2014. (Minutes attached).

Additional documents:

Minutes:

RESOLVED that the Minutes of the meetings held on 12 December 2013 and 8 January 2014 be approved as a correct record and signed by the Chairman.

 

In respect of the Committee’s decision on 8 January (Planning Application reference 13/01881/FL), Members were advised that the required Section 106 agreement had been completed that day and the planning permission therefore also issued.

 

3.

Public Question Time

Public questions of which due notice has been given and which are relevant to the business of the Committee.

Minutes:

The Chairman reported that no public questions had been received.

 

4.

Planning Application (13/01740/RM) - 6 Main Street, Gristhorpe, Filey pdf icon PDF 164 KB

To consider:

i.          a planning application for approval of reserved matters on application 09/00849/OL for the demolition of existing farmhouse and farm buildings and development of six new houses with associated garages, including minor changes to appearance for Mr S Wood; and

ii.         a report by the Planning Services Manager (Reference 13/381) attached.

View Plans and Documents

Minutes:

The Committee considered:

(i)         a planning application for approval of reserved matters on application 09/00849/OL for the demolition of existing farmhouse and farm buildings and development of six new houses with associated garages, including minor changes to appearance for Mr S Wood; and

(ii)        a report by the Planning Services Manager (Reference 13/381).

Updating the report, the Planning Officer advised that because of changes to dwelling No.1 which removed the landing area and provided two bedroom windows, the proposal was now to remove from the scheme the second floor bedroom window nearest to Number 5 Main Street, and to obscurely glaze the first floor bathroom window nearest to Number 5 Main Street.  This had been agreed by the applicant.  She advised therefore that Condition 4 in the report should be amended accordingly, a new condition should be imposed to cover the bathroom window, and a new condition imposed in respect of removing the bedroom window.  The applicant had also agreed to remove the pyracantha hedge from the proposal.  Members were further advised that this report sought approval for the remaining reserved matters which related to scale and landscape, with some very minor changes to appearance.  Other matters had been determined and were not open for reconsideration.  The scheme had been amended a number of times and the recommended conditions in the report put safeguards in place in relation to both scale and landscaping.  In accordance with the Council’s Public Speaking Scheme, Mr Mick Paxton (agent) and Mr Peter Smith (neighbour) spoke in favour and against the application respectively.  Members then discussed the proposed scheme, raising concerns about the gable end window which overlooked the neighbour’s roof light; the effect of the existing mature trees’ roots at the front of the property on the scheme; the imprecision of the term ‘existing ground level’ in Condition 1; and the lack of adequate signage for the public right of way which ran alongside the property.  In response to these comments, Officers confirmed that the obscurely glazed gable end window had already been approved at outline stage.  Members however proposed that the level of obscure glazing referred to in Condition 4 should be the maximum Level 5, instead of the Level 3 of the Pilkington range indicated in the report.  Officers proposed an additional condition requiring a method statement in respect of the excavation of the footings in vicinity of the trees to protect both the trees and the foundations of the new build.  In respect of Condition 1 and the reference to ‘existing ground level’ it was proposed to replace this with the clearer term ‘the lowest existing ground level’.  The conditions proposed at the Officer update were approved.  Lastly, Officers undertook to write to North Yorkshire County Council requesting that the public right of way alongside the property be adequately signed.  All the amendments described above were agreed by the Committee.

RESOLVED that permission be GRANTED, subject to the conditions set out in the report as amended by the  ...  view the full minutes text for item 4.

5.

Planning Application (13/02378/FL) - JJB Sports, 2 Waterhouse Lane, Scarborough pdf icon PDF 147 KB

To consider:

i.          a planning application for change of use from shop (A1) to restaurant/cafe (A3), for Friends Life Limited (Commercial Fund); and

ii.         a report by the Planning Services Manager (Reference 14/27) attached.

View Plans and Documents

Minutes:

The Committee considered:

(i)         a planning application for change of use from shop (A1) to restaurant/cafe (A3), for Friends Life Limited (Commercial Fund); and

(ii)        a report by the Planning Services Manager (Reference 14/27).

RESOLVED that permission be GRANTED subject to the condition set out in the report.

 

6.

Planning Appeals pdf icon PDF 140 KB

To consider a report by the Planning Services Manager (Reference 14/30) attached.

Minutes:

The Committee considered a report by the Planning Services Manager (Reference 14/30) in respect of current planning appeals that had been lodged against decisions of the Borough Council.  Updating the report, the Planning Services Manager advised that in relation to Barf Farm, Bridlington Road, Hunmanby, the appeal had been upheld with a full award of costs against the Ministry of Defence, the evidence of which had underpinned the original decision.  In respect of the two appeals concerning 1 Sycamore Park, Scarborough, both had been dismissed.  The appeal in relation to the land adjoining 84 Throxenby Lane, Newby had also been dismissed.  In respect of the appeal concerning Scarborough Rugby Club, the Planning Services Manager understood through the appellant that the Planning Inspector was now back at work after a period of absence and had been asked to treat this matter as a priority.

RESOLVED that:

(i)                 the report be received; and

(ii)               progress with current appeals and recent appeal decisions be noted.

 

7.

Whitby Conservation Area Character Appraisal, Management Proposals and Boundary Review - Results of Consultations pdf icon PDF 184 KB

To consider a report of the Director of Service Delivery (Reference 14/45) attached.

Additional documents:

Minutes:

The Committee considered a report by the Director of Service Delivery (Reference 14/45) in respect of the character appraisal of Whitby Conservation Area.  Members were advised that the current Conservation Area designated in 1973 was very large and complex covering 93 hectares and the appraisal by this stage had taken two years to prepare.  The feedback from the public consultation had included significant comment and praise, reinforcing and enhancing the Council’s understanding that this was an area with special characteristics which it was desirable to preserve.  Moreover, the Management Proposals and the report recommended that not only should the present Conservation Area continue (and proposed deletions be withdrawn), but that it should also be extended in five areas.  The appraisal also recognised that there were a number of issues still to be addressed: sites where possible development would enhance the area, additional management policies over Whitby’s wider landscape and historic setting, and further areas to be investigated.  The Conservation Officer did not have the resources to investigate these new areas, but was content for others to undertake the research and bring their evidence back to the Council.  A work programme was therefore suggested including an annual report to this committee.  The report also recommended that a consultation be undertaken on implementing the extension of Article 4(2) Directions to control the installation of Solar PV panels, specifically on properties with prominent roofs within key views of Whitby Abbey, the Abbey Headland, and the East and West sides of Whitby Harbour.  Members thanked the Conservation Officer for his report and paid tribute to his and his predecessor’s efforts in undertaking the appraisal. 

RESOLVED that:

(a)               The Whitby Conservation Area boundaries be extended to that shown in the map appended as Annex 1 to the report.

(b)               The Character Appraisal and Management Proposals for the Whitby Conservation Area be adopted subject to inclusions of changes as outlined in annex 2 to the report plus addition of Planning Policy Context Update 2013 as at Annex 3

(c)               A programme of further detailed reviews be established, in consultation with consultees, to address key areas of future work as identified in annex 2.

(d)               That an annual report be received by Planning and Development Committee on any further work undertaken.

(e)               That further considerations be given to, and consultations be undertaken on, additional Recommended Management Policies and the principle of an Article 4(2) Direction being served, controlling installation of Solar PV and Solar Thermal installations, on properties with prominent roofs within key views of Whitby Abbey, the Abbey Headland and the East and West sides of Whitby Harbour.

 

Reasons

Whitby has previously been recognised as having special architectural and historic qualities, which it is desirable to preserve or enhance, and which resulted in the designation of a Conservation Area in 1973. There has been no subsequent formal Character Appraisal of the whole area or review of the boundaries since that date.

 

The Character Appraisal and Management Proposals assess the key characteristics of Whitby  ...  view the full minutes text for item 7.

8.

Annual Update on Section 106 Planning Obligations and Implementation of Community Infrastructure Levy pdf icon PDF 205 KB

To consider a report of the Director of Service Delivery (Reference 14/28) attached.

Additional documents:

Minutes:

The Committee considered a report by the Director of Service Delivery (Reference 14/28) which provided an annual update on Section 106 planning obligations and an assessment of the viability of implementing a Community Infrastructure Levy (CIL) schedule.  Members were reminded that Section 106 of the Town and Country Planning Act allowed local planning authorities to impose restrictions or requirements on land, including the payment of monies towards infrastructure.  The two most commonplace scenarios in which planning obligations were utilised were: (i) to secure monies for infrastructure required in connection with new development; or (ii) to provide affordable housing.  During the economic downturn relatively new affordable units were secured by means of Section 106 obligation.  However, in 2013 there was evidence of a notable upswing with 51 units completed.  The most significant scheme granted planning permission in 2013 was Middle Deepdale, which may yield up to 270 affordable units, depending on the viability assessment.  In respect of infrastructure, 2013 showed an increase in Section 106 monies in all areas, with the exception of education where there was slight reduction; however, the large majority of monies had not yet been paid and depended on the developments reaching a stage to trigger the payment.  In relation to CIL, Members were advised that the Planning Act 2008 made provision that most financial contributions could be secured by this mechanism and it was the clear intention that in due course this would become the usual means of securing funding for off-site infrastructure (excluding affordable housing).  CIL was a standard or variable tariff across the Borough in question based on a contribution per square metre.  These tariffs would be established through the completion of viability studies to ensure the tariffs proposed did not deter development and provided a greater level of transparency for the development industry.  In practice, CIL had been amended on numerous occasions, had become difficult to navigate and had not necessarily found favour with the development industry.  Research commissioned by officers revealed that current viability in respect of introducing a CIL was questionable: Scarborough Central was unviable, Scarborough Hinterland had potential for a minimal charge and Whitby was viable to a greater extent.  This could mean a potentially unfair distribution of funding with most infrastructure requirement in Scarborough.  Some other disadvantages were that affordable housing did not pay CIL, it was non-negotiable once adopted hence affordable housing provision could suffer, and it could affect the recent incipient local recovery in the development market.  The proposal in the report was therefore not to consider introducing a CIL at the current time, but to review its introduction in 2015 or at an earlier point if the economy recovered more quickly than expected.

RESOLVED that:

(i)                 The updated information on Section 106 (S106) planning obligations be received and noted.

 

(i)                 That the information on the current position on viability of the Community Infrastructure Levy be noted and that the implementation of a CIL charge be re-assessed in 2015 or at a time  ...  view the full minutes text for item 8.